How to Run for House of Delegates, 89th District - Ballot Access Requirements for the January 11, 2022 Special Election

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How to Run for House of
Delegates, 89th District
Ballot Access Requirements for the
January 11, 2022 Special Election

                                     12/17/21
Jan 11, 2022, House of Delegates Special Election                                                       Page 2

        Definitions and Key Icons
         Political party – an organization that, at either of    - Notes where to find information in
         the two preceding statewide general elections,           the Code of Virginia or Virginia
         received at least 10 percent of the total vote cast      Administrative Code.
         for any statewide office filled in that election
         (currently only Democratic and Republican)              - Indicates beginning and/or ending
                                                                  deadlines for filing documents.
         Non-primary party candidate – an individual who is
         seeking the nomination of a political party by a        - Indicates information on
         means other than a primary; speak with the party          where to file documents.

                                                                 - Indicates additional
         Independent – an individual who is seeking to run in
                                                                   information that may be
         a General Election without the nomination from the
                                                                   helpful.
         Republican or Democratic party (may include a
         recognized party or no party)

         Qualified voter – a person who is entitled to vote
         under the Virginia Constitution and is properly
         registered to vote (see definition here)

         Va. Code – Virginia Code

         VAC – Virginia Administrative Code

         Writ of election – a legal document issued by a judge
         ordering an election

         COMET – Database for candidates to file, and the
         Department of Elections to track, campaign finance

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Jan 11, 2022, House of Delegates Special Election                                                      Page 3

    How candidates get on the ballot in Virginia

    Follow these instructions to get on the ballot for the House of Delegates Special
    Election in 89th District on January 11, 2022.

    Do you fulfill the basic qualifications to be a candidate?
       ☐       You have been a resident of Virginia for one year immediately preceding the election.
       ☐       You are a resident of the 89th House of Delegates district.
       ☐       You are registered to vote in 89th House of Delegates district.

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Jan 11, 2022, House of Delegates Special Election                                                                    Page 4

 What, when, and where do I file?
  This table is a summary. Find more information below.

           What do I need to file?       Notes or           Where do I file    When does filing       What is the
                                         other              this form?         open?                  deadline to file?
                                         information
                                                                                                      Wednesday, December
           Certificate of                                   The                Non-primary party
                                                                                                      22, 2021
           Candidate                                        Department of      and independent
           Qualifications –                                 Elections          candidates:
     1
           General Assembly
                                                                               Friday, December 17,
                                                                               2021
                                                            Postmarked by
                                                            deadline if sent
           §§ 24.2-501 or 24.2-503
                                                            registered or
           SBE Policy 2019-001                              certified USPS
                                                            mail.
          Statement of Economic                                                                       Wednesday, December
                                                            The                Non-primary party
          Interest – General                                                                          22, 2021
                                                            Department of      and independent
          Assembly                                          Elections          candidates:
     2                                                                         Friday, December 17,
                                                                               2021
           §§ 24.2-502 and 24.2-                            Postmarked by
           503                                              deadline if sent
                                                            registered or
           SBE Policy 2019-001                              certified USPS
                                                            mail.

                                                                                                      Wednesday, December
           Declaration of Candidacy      Submit with the    Your General       Independent
                                                                                                      22, 2021
                                         Petitions of       Registrar          candidates:
                                         Qualified Voters                      Friday, December 17,
    3a                                   (3b).                                 2021

           §§ 24.2-505, 24.2-507,
           24.2-520, and 24.2-522
                                         Non-primary
           SBE Policy 2019-001           party candidates
                                         do not need to
                                         file this
                                         document.

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          What do I need to file?       Notes or other          Where do I file        When does filing        What is the
                                        information             this form?             open?                   deadline to file?

                                                                                                               Wednesday, December
          Petitions of Qualified        Submit with the         Your General           Independent
                                                                                                               22, 2021
          Voters                        Declaration of          Registrar              candidates:
                                        Candidacy (3a).
   3b                                   You do not need                                 Friday, December 17,
                                        to submit all                                   2021.
          §§ 24.2-505(D), 24.2-         signature pages
          506, 24.2-507, 24.2-          at once.
          521, and 24.2-522             Non-primary
          Administrative Code           party
          1 VAC 20-50-20 and            candidates do
          1 VAC 20-50-30                not need to file
                                        this document.
          SBE Policy 2019-001

          Statement of                       Submit SOO electronically using COMET:                            Within 10 days of
          Organization for a                                                                                   meeting specific
                                                       Print PDF of SOO, sign, and send to the
          Candidate                                                                                            conditions. See
                                                        Department of Elections.
                                                                                                               conditions listed here
    4
                                                       Make a copy of the signed PDF and send to your         and in code 24.2-947.1.
                                                        General Registrar.

          §§ 24.2 Chapter 9.3
          §§ 24.2 24.2-
          947.1

          Campaign Finance                                     With the                                        For candidate
          Reports                                              Department of                                   committees active in
    5                                                          Elections through                               2021, file according
                                                               COMET.                                          to the appropriate
                                                                                                               2021 reporting
          §§ 24.2 Chapter 9.3                                                                                  schedule.

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        Follow these steps to file your candidacy:

             1       Fill out and submit the Certificate of Candidate Qualifications – General
                     Assembly (SBE-501).

                              Find in Virginia Code §§ 24.2-501 or 24.2-503.
                              Find in SBE Policy 2019-001.

                              Non-primary party and independent candidates
                              File starting December 17, 2021.
                              File ending December 22, 2021.

                              All candidates can mail this form by the deadline and the Department of Elections will
                              accept it. You must:
                                        Pay the postage and send by registered or certified mail.
                                        Keep the receipt in case the Department of Elections asks for proof that you mailed
                                         this form before the deadline.

                              Submit this form to the Department of Elections.

                              After you submit this form:
                                            The Department of Elections puts your information into the Virginia
                                             Election and Registration Information System (VERIS).
                                            The Department of Elections posts your contact information on the Department
                                             website.

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             2       Fill out and submit the Statement of Economic Interest – General Assembly

                              Find in Virginia Code §§ 24.2-502 and 24.2-503.
                              Find in SBE Policy 2019-001.
                              Required of a candidate running for House of Delegates.

                              Non-primary party and independent candidates
                              File starting December 17, 2021.
                              File ending December 22, 2021.

                              All candidates can mail this form by the deadline and we will accept it. You must:
                                        Pay the postage and send by registered or certified mail.
                                        Keep the receipt in case we ask for proof that you mailed this form before the
                                         deadline.

                               Submit this form to the Department of Elections.

                                If you need help with this form, please contact the Virginia Conflict of Interest and Ethics Advisory
                                Council.

                                       Email : ethics@dls.virginia.gov
                                       Phone Number: 804-698-1848

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             3a       Fill out and submit a Declaration of Candidacy form (SBE-505/520).

                                 Find in Virginia Code §§ 24.2-505, 24.2-507, 24.2-520, and 24.2-522.
                                 Find in SBE Policy 2019-001.

                                 Independent candidates
                                 File starting December 17, 2021.
                                 File ending December 22, 2021.

                                    Your general registrar must receive this form by the deadline listed above. A postmark
                                    or other mailing service timestamp does not qualify.

                                 Submit this form along with the Petition of Qualified Voter forms to your General Registrar.

                                 If you are a party candidate nominated by a method other than a primary
                                 then you do not need to submit a Declaration of Candidacy unless required
                                 by your party.

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             3b Collect petition signatures and submit the Petitions of Qualified Voters (SBE-
                     506/521).

                               Find in Virginia Code §§ 24.2-505(D), 24.2-506, 24.2-507, 24.2-521, and 24.2-522.
                              Find in 1 VAC 20-50-20 and 1 VAC 20-50-30.
                              Find in SBE Policy 2019-001.
                              Check local charters for additional or different requirements.
                              Contact the local attorney for guidance.

                                        Non-primary party       Independent Candidates
                                        candidates

                                        You do not need to      Collect signatures:
                                        submit this form.
                                                                Friday, December 17, 2021 -
                                                                December 22, 2021.
                                                                File starting: December 17, 2021.

                                                                File ending:
                                                                December 22, 2021.

                                                                File this form with your general registrar.

                                 When an independent candidate files petition pages with the General Registrar for the
                                 first time, they must file their Declaration of Candidacy.
                                 Candidates running for the special election may file petition pages more than once.
                                 See the table on page 11 for the number of signatures needed.

                                 Independent candidates will appear on the ballot in the order of time of filing for the
                                 office - the time at which the independent candidate files the required number of
                                 petition signatures. If no petition is required, the time of filing will be when the
                                 candidate files a completed statement of qualification.
                                 At the time of filing you can request notification of any problems that can be corrected
                                 before the filing deadline. Make this request in writing and address it to the Secretary of
                                 the local electoral board.
                                 They will try to get back to you but cannot guarantee a timely response.
                                 If you do not qualify as a candidate because you did not have enough signatures, then
                                 you can submit an appeal to the local electoral board regarding the petition signatures.
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                                 Submit your appeal within 5 days from when the disqualification notice was issued.
                                 You will need to prove that you have the correct number of signatures from qualified
                                 voters before the deadline.
                                 Find more information in 1 VAC 20-50-30.

        Things to remember about petitions:

                 Petition Pages must…
                         be on the form from the Department of Elections, and you cannot alter it in any way.
                         be either letter or legal size. Both are available on the Department of Elections website.
                         be one page printed on the front and back. You can make as many copies as you need.
                         contain the signature, printed full name, and full residence address of each qualified voter and
                          the date the voter signed. The last four (4) digits of the qualified voter’s Social Security
                          number are helpful, but not required.

                 The petition circulator…
                         must be a legal resident of the United States and must sign the affidavit for each page in front
                          of a notary.
                         cannot be a minor.
                         can be an individual who was convicted of a felony only if their voting rights are restored.
                         cannot be the circulator of the page on which they sign the petition.

                 When collecting your petition signatures, it is helpful to remember that…
                         Because people who are not registered to vote often sign petitions for candidates, we
                          recommended that you collect at least 1 ½ times the number of signatures required.
                         1VAC20-50-20 lists material omissions for petition signatures and pages. If your petition has a
                          material omission, it may render the page or signature invalid.

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        Petition Signature Requirements

                                                                           Number of petition signatures
                       Office you seek
                                                                           you need from qualified voters

                       For a candidate for the House of
                                                                           125 signatures
                       Delegates…

                 Can I withdraw my candidacy?

                                 Find in Virginia Code § 24.2-612.2. ELECT offers ELECT-612.2 to help facilitate the
                                 candidate withdrawal process.

                                 A withdrawing candidate should submit his/her withdrawal notice with enough time
                                 before absentee voting commences in order to ensure his/her name is removed from
                                 the ballot.

                                 If you submit your form after your local ballots are printed, your name will not be
                                 removed from the ballot, but you will no longer be a candidate.

                                 Submit your written withdrawal to your General Registrar. Electronic submissions of
                                 signed withdrawal notices are permissible.

                                 To be withdrawn from the ballot you must submit a signed written notice declaring your
                                 intent to withdraw from the election.

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          The next two requirements relate to Campaign Finance accounts and reporting.

             4        Fill out and submit Statement of Organization for a Candidate.

                                 Find in Virginia Code Title 24.2 Chapter 9.3.

                                 Within 10 days of one of the following:
                                    you accept a contribution.
                                    you spend any funds.
                                    you pay a filing fee.
                                    you file a Certificate of Candidate Qualification.
                                    you appoint a campaign treasurer, campaign committee, or campaign depository.

                 Submit SOO electronically using COMET:

                                    •    Print PDF of SOO, sign, and send to the Department of Elections.
                                    •    Make a copy of the signed PDF and send to your General Registrar.

                                 If you do not submit this form you may have to pay penalties.
                                 Learn about the Campaign Finance Disclosure Act.

             5        Submit Campaign Finance Reports

                                 Find in Virginia Code Title 24.2 Chapter 9.3.

                                 Candidate committees active in 2021, submit reports according to the appropriate 2021
                                 reporting schedule.

                                 Submit copies to the Department of Elections through COMET

    General Disclaimer
    The electronic version of this Candidate Bulletin can be found on the Department of Elections website:
    https://www.elections.virginia.gov/candidatepac-info/candidate-bulletins/index.html
    Candidates are responsible for complying with all current applicable local, state, and federal laws and regulations.
    This Candidate Bulletin provides an overview of Virginia electoral requirements only. It does not purport to provide legal advice
    or binding statements of official policy. Rather, the Candidate Bulletin describes election law found in the Code of Virginia.
    Applicable laws and regulations are subject to change in content and interpretation.

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